Letter of Testamentary: What It Is and How to Get One

A letter of testamentary is the court document that gives the executor named in a will the legal authority to act on behalf of the estate. The correct legal term is “letters testamentary,” and a probate court issues them after it accepts the will as valid and formally appoints the executor. Banks, brokerages, and government offices often ask for certified letters before they let anyone act for the estate.

What Is a Letter of Testamentary?

Letters testamentary are the executor’s proof of authority. A will names an executor, but the will alone does not give that person legal power. The probate court must first review the will, confirm it is valid, and appoint the executor. The letters are the court’s written confirmation of that appointment.

A letter of testamentary usually includes:

• The deceased person’s name and date of death
• The executor’s name and the title the court gives them (executor or personal representative)
• The court’s name, county, and the probate case number
• The date the letters were issued
• The clerk’s or judge’s signature and the court’s seal

Many people search for a sample letter of testamentary. Some courts provide an official form for the executor or personal representative to complete or sign, but the court itself issues the official letters. California’s form, for example, is DE-150 (Letters). Before that, the executor files a petition asking the court to issue them.

What a Letter of Testamentary Allows an Executor to Do

With letters testamentary, the executor can handle the estate’s business as the law requires. Common tasks include:

• Bank and investment accounts: Access, close, or transfer accounts held only in the deceased person’s name.
• Estate bank account: Open an account for the estate, which also requires a tax ID number, called an employer identification number (EIN), from the IRS.
• Real estate: Manage, sell, or transfer property, subject to the will and state law.
• Debts and bills: Notify creditors, review claims, and pay valid debts from estate funds.
• Taxes: File the deceased person’s final income tax return and any estate tax returns.
• Distribution: Transfer what remains to the beneficiaries named in the will.

Assets that pass outside the will, such as life insurance with a named beneficiary, retirement accounts with a beneficiary, and joint accounts with a right of survivorship, generally do not require letters testamentary.

What If a Bank Asks for Letters Testamentary?

When a bank asks for letters testamentary, it wants proof of who has legal authority over the deceased person’s account. What to do next depends on where you are in the process:

• The court has already appointed you: Request a certified copy of your letters from the probate court clerk and give it to the bank with a certified death certificate.
• No one has been appointed yet: Ask the bank exactly what it requires for that specific account, then check your local probate court’s instructions for opening an estate.
• The estate is small: Many states have a simpler process, such as a small estate affidavit, that can release modest accounts without full probate.
• The account was a joint account with a right of survivorship, or had a payable-on-death beneficiary: It usually passes directly to that person. Confirm with the bank which documents it requires for that account.

Letters Testamentary vs. Letters of Administration

Which document the court issues depends on whether there is a valid will:

• Letters testamentary: Issued when there is a valid will that names an executor.
• Letters of administration: Issued when there is no valid will. The court appoints an administrator instead, usually a close family member.
• Letters of administration with the will annexed: Issued in some states when there is a valid will but no named executor is able to serve. The court appoints someone else to carry out the will.

That is why you cannot get a letter of testamentary without a will. If there is no valid will, the family applies for letters of administration instead. If a will exists but the original is missing, the court may still accept a copy or other proof of the will, depending on state law.

The names also vary by state. Florida, for example, calls the executor a “personal representative” and issues letters of administration whether or not there is a will. Michigan uses “letters of authority,” and Illinois uses “letters of office.” They all serve the same purpose.

How to Get a Letter of Testamentary

The process varies by state and county, but the main steps are similar everywhere. Check your local probate court’s requirements for supporting documents, notice to heirs, and any oath or bond. For a full walkthrough of the court filing, see our guide to filing a probate petition.

1. Locate the original will. Most courts require the original signed will, not a copy. Many states also require whoever holds the original will to deliver it to the court within a set time after learning of the death. For example, Florida allows 10 days under Florida Statutes section 732.901, and California allows 30 days unless a probate petition was already filed. If you are not sure where the original is, start with a search of The U.S. Will Registry.
2. Get certified death certificates. Order several from the vital records office or the funeral home. The court needs one, and banks and other institutions will ask for more.
3. File a petition for probate. File it with the probate court in the county where the deceased person lived, along with the original will, the death certificate, and the filing fee.
4. Notify heirs and beneficiaries. Most states require formal notice to the people named in the will and to the legal heirs, so anyone with an objection can come forward.
5. Post a bond if required. Some courts require the executor to buy a bond that protects the estate. Many wills waive this requirement.
6. Take the oath. The executor signs an oath or acceptance agreeing to carry out the duties faithfully.
7. Receive the letters. Once the court approves the petition, the clerk issues the letters testamentary.

What If You Can’t Find the Original Will?

The process stalls if the original will cannot be found. Courts can sometimes accept a copy, but it usually means extra hearings, notice to every heir, and proof that the will was not revoked. Our articles on what to do when you can’t find the original will and on how to file a petition to admit a copy of a will explain that process.

Before going that route, check whether the will was registered. Unfortunately, there is no mandate that a will must be registered,  attorneys highly recommend that every will is registered, to help families when they can’t figure out who has a will or where it is stored. A search of The U.S. Will Registry may show whether a will was registered and where the original and any duplicate are stored. Once a search is performed, every search includes valuable guidance on how to proceed whether or not a will is found. Many who prefer not to get guidance from an attorney find the guidelines extremely helpful.

How Long Does It Take to Get Letters Testamentary?

There is no single national timeline. It depends on several factors:

• The court’s schedule: Some probate courts process routine filings quickly, while busy courts have longer waits.
• Local notice requirements: Many states require notice to heirs and a waiting period before the court can act.
• A complete filing: Missing paperwork or a missing original will slows everything down.
• Contested wills: Longer. Some states, such as New York, can issue temporary or preliminary letters so someone can protect the estate while the dispute is resolved.

Your county probate court’s website or clerk can tell you its typical processing time. Getting letters is only the start of probate. Our probate timeline explains what happens after the executor is appointed.

How Much Does a Letter of Testamentary Cost?

The main costs are:

• Court filing fee: Set by each state, and in some states based on the size of the estate.
• Certified copies: A small fee per copy from the court clerk.
• Bond premium: Only if the court requires a bond.
• Attorney fees: Attorney fees may apply. Some courts require the personal representative to have a lawyer.

Check your county probate court’s website for its current fee schedule.

Do You Need a Probate Lawyer?

In many states, an executor can file without a lawyer, and many probate courts have self-help centers and forms online. A few states, including Florida, generally require the personal representative to have an attorney, unless the personal representative is the only person interested in the estate. A lawyer is also worth considering when the estate is large, includes a business or property in another state, or when a family member may contest the will. Our guide for first-time executors covers what to expect either way.

Tips for Executors Once You Are Appointed

• Order several certified copies: Banks, brokerages, and title companies each want their own, and most will not accept a photocopy.
• Watch the date: Some institutions only accept a copy certified within a recent period. Ask each one how recent it must be. If yours is too old, the court clerk can issue a newly certified copy.
• Keep records: Track every account you open or close and every payment you make. The court and the beneficiaries can ask for an accounting.
• Property in another state: Real estate in another state may require a separate court case there, called ancillary probate.

Frequently Asked Questions

What is a letter of testamentary?

A letter of testamentary, properly called letters testamentary, is a document issued by a probate court that gives the executor named in a will legal authority to settle the estate. It lets the executor access accounts, pay debts, sell property, and distribute assets. Banks and other institutions often ask for it before they let anyone act for the estate.

Can I get a letter of testamentary without a will?

No. A probate court issues letters testamentary only when there is a valid will that names an executor. If there is no valid will, a family member can ask the court for letters of administration instead. Those give an administrator the same basic authority to settle the estate.

How long does it take to get letters testamentary?

There is no single national timeline. It depends on the court’s schedule, local notice requirements, and whether the filing is complete. A missing original will or a contested will adds time, although some states issue temporary letters in the meantime. Your county probate court’s website or clerk can tell you its typical processing time.

Do letters testamentary expire?

The executor’s appointment generally lasts until the estate is closed, so the letters themselves do not simply expire. However, many banks and title companies only accept copies certified within a recent period, and each sets its own limit. If yours are too old, the probate court clerk can issue newly certified copies for a small fee.

What if I can’t find the original will?

Start with a search of The U.S. Will Registry, which may show whether the will was registered and where the original is stored. Every search includes guidance on how to proceed whether or not a will is found. If the original still cannot be located, the court may accept a copy through a separate process that usually takes longer.

What if the named executor can’t serve?

If the executor named in the will has died, declines the job, or does not qualify, the will may name an alternate executor, who can then ask the court for letters testamentary. If no named executor can serve, many courts appoint someone else and issue letters of administration with the will annexed, giving that person authority to carry out the will.

Can I get a certified copy of letters testamentary online?

It depends on the court. Some probate courts let executors order certified copies online or by mail, while others require a visit to the clerk’s office. Check your county probate court’s website or call the clerk, and ask the bank or institution requesting the copy how recently it must have been certified.

Is a letter of testamentary the same as a power of attorney?

No. A power of attorney is signed by a living person and ends automatically at that person’s death. Letters testamentary begin after death and come from the probate court, not from the deceased person. An agent under a power of attorney has no authority over the estate unless the court also appoints them executor.

Can a small estate skip probate?

Often, yes. Many states let small estates use a simpler process, such as a small estate affidavit, instead of full probate. The dollar limit varies by state. Assets that pass directly to a named beneficiary or surviving joint owner, such as life insurance or a joint account with a right of survivorship, do not need letters testamentary at all.

This article is for general information and is not legal advice. Probate rules vary by state and county, so check with your local probate court or an attorney about your situation.